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HomeMy WebLinkAbout024024 RES - 05/09/2000RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO 9.853 ACRES OUT OF LOT 11, BLOCK 3, NAVIGATION INDUSTRIAL PARK, SECTION 2 FROM THE OWNER, EAR, NOSE AND THROAT PENSION PLAN IN CONNECTION WITH THE SAVAGE LANE PUMPING PLANT CLEARWELL REPLACEMENT PROJECT AND FOR OTHER MUNICIPAL PURPOSES. WHEREAS, it is necessary to acquire fee simple title to 9.853 acres out of Lot 11, Block 3, Navigation Industrial Park, Section 2, as described on the attached Exhibit A, on behalf of the City in connection with the Savage Lane Pumping Plant Clearwell Replacement Project and for other municipal purposes; and WHEREAS, the City has made an offer to purchase the 9.853 acres for the sum of $80,000 based on the fair market value established by an independent appraiser; and pursuant to Law have provided the owners with appraisal reports. WHEREAS, the Owner, Ear, Nose and Throat Pension Plan, have been unable to agree with the City on fair market value of the acreage and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to 9.853 acres out of Lot 11, Block 3, Navigation Industrial Park, Section 2, as described on the attached Exhibit A, save and except oil and gas rights. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi has transmitted appraisal reports and made a bona fide offer to the Owner, Ear, Nose and Throat Pension Plan, in the amount of $70,000 for 9.853 acres out of Lot 11, Block 3, Navigation Industrial Park, Section 2, as described on the attached Exhibit A; and the Owners and the City of Corpus Christi have negotiated in good faith and cannot agree on the damages, and further settlement negotiations are futile. SECTION 2. That public necessity requires acquisition of the unencumbered fee simple tile to 9.853 acres out of Lot 11 Block 3, Navigation Industrial Park, Section 2, as described on the attached Exhibit A, save and except the City seeks to acquire no oil and gas rights. SECTION 3. That the public necessity and convenience require condemnation of 9.853 acres out of lot 11, Block 3, Navigation Industrial Park, Section 2 as described on the attached exhibit A, in connection with the Savage Lane Pumping Plant Clearwell Replacement Project and for other municipal purposes. 024024 SECTION 4. That the City Attorney is hereby authorized and directed to institute condemnation proceedings against Ear, Nose and Throat Pension Plan, Owner of the acreage, to acquire the unencumbered fee simple title to 9.853 acres out of Lot 11, Block 3, Navigation Industrial Park, Section 2, as described on the attached Exhibit A, excluding the oil and gas rights, which acreage is located in Nueces County, Texas. SECTION 5. That this resolution shall take effect immediately from and after its passage. ATTEST: Legal form approved on '?}ftt~/7//{ Jos/~ By: eph~,Assist~ttorney C,~1\ .day of ~~ , 2000. The above resolmion was passed by the following vote: Smuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Hen~ Ga~e~ Dr. Arnold Gonzales Rex A. Kiwison Betty Jean Longoria John Longoria Mark Scott CITY OF CORPUS CHRISTI ,2000; James R. Bray, City Attorney. 024024 STATE OF ~ § C~UNTY OF NUEOES § D~ml:ion dthe Nodh g.853actes o~land. mom or less. out dLot11, Bkld~3, N~'iglion lndulld/ Pmk, 8eation 2, m n~O ot whiah is reaomded in Vohjme 443, Page 117, MIp Rm Nua=e~ County, Tmm~, Eakt g.853 m ~,u,~on d Lot 11 a~ lurlher ae~utb¢~l by m ~ 13oun=il 88/olows; BEI~IICNIN~ 8t · &"8' iron Kxi iN for the northwet,4 oomcr o| the trod hm~n i~=rlb~S, ~ w ~ e~ m m ~mh ~ line of ~ C~ of ~s ~ Wee ttm ~ ~ ~ed~ 11 ~815.~toa~"hn~s~brN~~dNm~ d~, ~~ol ~ ~t 11, ~~erd id~d~ ~We~itN, ~ i ~ ~ V~m 27, Pa~ ~, ~ ~ R~. a~ ~ ~er ~ ~t 2. ~ 1 ~ Te~ ~ 15 ~ T~, a ~ d ~ is r~d tn Votu~ 19, ~ge~, U~ i ~ IqlXON M. WEI..~I-I, R.P.LS. 'Real Esl~te Sales Contract' WORD~HOME~SHIRLEYT~GEN\CONTRACT~Savage tane ppcr -01- '99w 8313 EAR NOSE THROAT PENSION pLAN-inK:heel rrm~, gusts· $70,000,JO 5 of 5